Gauthier

Red Bluff’s fire chief is not a peace officer.

In this case we construe provisions of the Public Safety Officers Procedural Bill of Rights Act (the Act) (Gov. Code, § 3300 et seq.; further unspecified section references are to the Government Code). At issue is the interplay between provisions of the Act which define those persons entitled to its protections and provisions of the Penal Code which define who are peace officers. We conclude plaintiff Gauthier is not covered by the Act and therefore the trial court properly declined his petition for a writ of mandamus to compel his employer to grant him an administrative appeal of his dismissal.

Factual and Procedural Background

Gauthier’s petition, filed on November 4,1993, sought a writ of mandate to compel the City of Red Bluff and its manager to give him an administrative appeal of his termination. He alleged that he was employed by Red Bluff as fire chief since 1968. He learned that Red Bluff was considering terminating him and “responded in writing to the proposed termination[.]” Red Bluff notified him that he was not protected by the Act and fired him, effective July 6, 1993. He made a formal request for an…